Compensation from the offender

5 Feb

Written By For Good Digital

Victims of crime may pursue a civil claim for damages against an offender in any of the Victorian courts. It is important to seek legal advice about the prospects of success of claims against offenders, as it may be preferable to seek assistance from the FAS if, for example, the offender has no assets.
If you are considering making a civil claim against an offender, seek advice from a lawyer about the merits and prospects of success of such a claim, as it may be preferable to seek assistance from the FAS (e.g. if the offender has no assets).
Sections 85A–87 of the Sentencing Act allow a victim to seek compensation from the offender for pain and suffering. The court can also order the offender to pay the victim’s medical, counselling and other expenses. The offender must have been found guilty or convicted of the offence. The application for compensation must be made within 12 months of the offender being found guilty, or convicted of the offence, and is filed at the court that sentenced the offender. Before making such an order, the offender must be given a reasonable opportunity to be heard. The court may take into account the offender’s financial circumstances and the burden upon the offender. Once the court has ordered the offender to pay the victim, it becomes an enforceable judgment debt.
The key differences between the payments made to victims of crime under the Sentencing Act and the FAS Act are:
- for compensation to be payable under the Sentencing Act, the offender must have been found guilty, or convicted, by a court;
- compensation under the Sentencing Act can include an amount for pain and suffering that is higher than the limited amounts available for SFA under the FAS Act; and
- compensation under the Sentencing Act is paid by the offender. By contrast, financial assistance under the FAS Act is paid for by the state.